HELLER v. ROSE


8 Misc.2d 1056 (1957)

Jerome S. Heller et al., Plaintiffs, v. Daniel L. Rose et al., Defendants.

Supreme Court, Special Term, Nassau County.

August 15, 1957.


Attorney(s) appearing for the Case

Bernard J. Goldsmith for plaintiffs.

Zimmerman & Popper for Daniel L. Rose, defendant.


MARIO PITTONI, J.

The plaintiffs move for an order, pursuant to rule 109 of the Rules of Civil Practice, striking from the answer of the defendant Rose the affirmative defenses on the ground that on the face those defenses are insufficient in law.

The defendant Rose contests the motion to strike his defenses; and in turn calls for a dismissal of the complaint, also pursuant to rule 109.

The complaint...

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